Search Legislation

Act of Sederunt (Sheriff Court Rules Amendment) (Diligence) 2009

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Amendment of the Ordinary Cause Rules

3.—(1) The Ordinary Cause Rules(1) are amended in accordance with subparagraphs (2) to (5).

(2) In rule 6.A3 (effect of authority for inhibition on the dependence)(2), for paragraph (2) substitute–

(2) A notice of a certified copy of an interlocutor granting authority for inhibition under rule 6.A2 may be registered in the Register of Inhibitions and Adjudications; and such registration is to have the same effect as registration of a notice of inhibition under section 155(2) of the Titles to Land Consolidation (Scotland) Act 1868(3)..

(3) Rule 6.A6 (form of schedule of inhibition on the dependence)(4) is revoked.

(4) After rule 6.A7 (service of inhibition on the dependence where address of the defender not known)(5) insert–

Form of schedule of arrestment on the dependence

6.A8.(1) An arrestment on the dependence shall be served by serving the schedule of arrestment on the arrestee in Form G4B.

(2) A certificate of execution shall be lodged with the sheriff clerk in Form G4C..

(5) In Appendix 1, for Forms G4B and G4C(6) substitute the forms set out in Schedule 2 to this Act of Sederunt.

(1)

The Ordinary Cause Rules are contained in the first Schedule to the Sheriff Courts (Scotland) Act 1907 (c. 51), which was substituted by S.I. 1993/1956 and amended by S.I. 1996/2167 and 2445 , S.S.I. 2000/239 and 408, 2001/8 and 144, 2002/7, 128 and 560, 2003/25 and 26, 2004/197 and 350, 2005/20, 189, 638 and 648 and 2006/207, 293, 410 and 509, 2007/6,339, 440 and 463 and 2008/121, 223 and 365.

(2)

Rule 6.A3 was inserted by S.S.I. 2008/121.

(3)

1868 c. 101.Section 155(2) was substituted by the Bankruptcy and Diligence etc. (Scotland) Act 2007, section 149.

(4)

Rule 6.A6 was inserted by S.S.I. 2008/121.

(5)

Rule 6.A7 was inserted by S.S.I. 2008/121.

(6)

Forms G4B and G4C were inserted by S.S.I. 2008/121.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources